Editors' Note

Author:Blake M. Mensing - Addie Haughey
As the ongoing battle in the United States Congress over
climate change legislation demonstrates, a legislature
or parliament is not always the key to progressing sus-
tainable devel opment strategies. It is often in the courts where
progress can b e made, and it is this exact idea that our staff
endeavored to explore in our fall issue.
SDLP’s work on this topic has brought to light a numbe r
of unexpected realities. For example, South Asia and Africa are
doing more than we previously believed to prol iferate sustain-
able development, with constitutional guarantees of the right to
life and a clean environment common within legal systems in
those regions. Canada, on the other hand, is not as green as we
once thought, with its provincial system building barriers to sus-
tainable development unique to that nation.
On the home front, man y e nvironmental lawye rs were
thrilled to see so many cases dealing with sustainability issues
go up to the US Supreme Court in the l ast few terms, but Pro-
fessor May paints a much bleaker picture, laying out the true
impacts those new precedents ma y have dealt. One of our stu-
dent writers points to another domestic strategy—take the victo-
ries we do have in the US courts and spread them far and wide.
This shows that even in the face of little Congressional progress
and negative precedent, the courts can be used by creative and
innovative litigators to push the envelope.
An additional article covers the September proceedings of
a c onference titl ed Transformati on: The Road to a 21st Cen-
tury Ene rgy Infrastructure Impediments and Opportunities fo r
Renewable Energy Deployment sponsored by the ABA Section
on Environment and Energy and by SDLP and the WCL Envi-
ronmental Law Society, held at the Washington College of Law.
Our hope is for this issue to broaden the discussion going
on among litigators at every level and to encourage them to look
outside their own system and their own paradigm t o see how
sustainabl e developm ent driven litigatio n is happening—and
Addie Haughey Blake M. Mensing
eDitor-in-chief eDitor-in-chief
eDitorS’ note
19 | the importance of regulating
tranSbounDary grounDwater aQuiferS
by Emily Brophy
30 | environmental litigation StanDing
after maSSachuSettS v. epa: center for
biological DiverSity v. epa
by Andy Hosaido
39 | iS the international court of JuStice the
right forum for tranSbounDary water
pollution DiSputeS? by Kate Halloran
40 | the international court of JuSticeS
treatment of “SuStainable Development
anD implicationS for argentina v.
uruguay by Lauren Trevisan
50 | tenSion between hyDroelectric
energyS benefitS aS a renewable anD
itS Detrimental effectS on enDangereD
SpecieS by Janet M. Hager
58 | thirD party petitionS aS a meanS
of protecting voluntarily iSolateD
inDigenouS peopleS by Nickolas M. Boecher
64 | precautionary principle in the
international tribunal for the law of the
Sea by Yoona Cho
73 | litigation preview by Jessica B. Goldstein
75 | worlD newS by Nick Alarif and Kate Halloran
77 | booK review: aDJuDicating climate
Edited by William C.G. Burns and Hari M. Osofsky
Reviewed by Scott M. Richey and Karla O. Torres